IPC

Question 1

What is the legal concept of Intellectual Property?

Answer 1

Refers to Creation of the mind for which exclusive rights are recognized.

Question 2

This is the brief run down of the parts of the IPC
It has 245 sections across 5 parts
1. Intellectual Property Office
2. Law on Patent
3. Law on Trademarks
4. Law on Copyright
5. Final Provisions

Answer 2

Its so big lmao

Question 3

What is a technology transfer agreement?

Answer 3

Contracts or agreements involving
a. The transfer of systematic knowledge for the manufacture of a product/application of a process. Or Rendering of a service including management contracts
b. The transfer, assignment or licensing of all forms of intellectual property rights (the topic of this law)

Question 4

What is the concept of reciprocity in IPC?

Answer 4

Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country. Which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition

To which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law

Basically any favor that’s extended to our foreign friends should be applied to us, and any debuffs our foreign friends give to us should be applied to their people in our soil too

Question 5

Are trademarks, copyrights, and patents interchangeable with each other?

Answer 5

Nope
Trademarks is just a brand thing
Copyright only extends to literary/artistic works
Patent is any technical solution to a problem that is new and inventive and applicable industrially

Question 6

What is a Trademark?

Answer 6

Any visible sign capable of distinguishing the goods or services of an enterprise.”

Trademark is for goods, service mark for services

Question 7

What is copyright as in definition?

Answer 7

Confined to literary and artistic works which are original intellectual creations in the literary and artistic domain

Question 8

What is patent as in criteria?

Answer 8

Refer to any technical solution of a problem in any field of human activity which is:
New,
Involves inventive steps, and is
Industrially applicable

Question 9

What are the basic principles of Copyrights in law?

Answer 9

Copyright refers to the STATUATORY RIGHT to the proprietor of an intellectual production to its exclusive use and enjoyment to the extent specified in the nature.

The rights are granted by statute and are limited to what the statue confers.

Plaintiff is presumed owner of copyright if he claims to be the owner and the defendant does not put in issue the question of his ownership

Person entitled to the copyright must be the original creator

The copyright is distinct from the property in the material object subject to it (So movement of copyright does not constitute transfer of material object AND DOES NOT IMPLY a transfer)

Question 10

What provides prima facie evidence (Face value Evidence, Accepted till proven wrong) of originality which is one element of copyright validity?

Answer 10

Copyright Certificate

This only remains in force for 10 years

Ownership of copyright material is shown by proof of
Originality
Copyrightability - Can be copyrighted

Question 11

What are copyrightable works?

Answer 11

Original or Derivative Creations

Original as in original intellectual creations in the literary and artistic domain
-Work is protected from the moment of creation irrespective of everything else like content, quality, purpose, mode or form of expression.
Eg: Books, Newspapers, Articles, Lectures, Compositions, Drawings, Photographs, Art.

Derivatives as in dramatizations, translations, adaptations, alterations of literary or artistic works, or collections of literary works.
Is considered a “new work”
-Does not affect any subsisting copyright upon the original work
-Does not imply use of the original works or extended copyright and still needs approval

Question 12

What are unprotected works?

Answer 12

No protection is extended to
1. Ideas, procedures, methods, operations, concept, principles
2. News of the day, and other misc facts having the character of mere items of press information
3. Official text of legislative, admin, legal nature
4. General rule no work of the Government in PH is copyrightable. Exceptions are if approved and the work is necessary for profit

Question 12

i skipped publishing and republishing slides Starts at 29:31 in the IPC video

Answer 12

Im so cooked chat

Question 12

What are the rights of a copyright owner?

Answer 12

Exclusive right to carry out, authorize, or prevent the following acts:
1. Reproduction, or substantial portion
2. Dramatization
3. First public distribution
4. Rental
5. Public Display/Performance
6. Other Communication

Author shall also have the independent right to require authorship be attributed to him. (Ie Watermarks)
2. Make any alterations of his work or withhold it from publication.
3. Has the right to object to any distortion or modification
4. Restrain the use of his name (Don’t put my name in my distorted work)

General Rule: Publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms.
UNLESS the contrary appears or the author reveals himself

Question 12

What are the rules on ownership of copyright?

Answer 12

1. In case of original literary and artistic works
   Copyright belongs to the author of the work

Co authors are the original owners and in the absence of agreement, their rights are governed by the rules of Co ownership
(If the work can be used separately and the author of each part can be identified the author of each part shall be the original owner of the copyright)

2. Work during and in the course of employment
   Belongs to employee if the creation is not a part of his regular duties. EVEN if the employee uses the time, facilities, and materials of the employer
   Belongs to the employer if the work is the result of his regularly assigned duties (unless there is an agreement which can be expressed or implied)
3. Commissioned work
   The person who commissioned the work owns it. But the creator keeps the copyright unless there is a written stipulation to the contrary.
4. Audio Visual work
   Copyright belongs to the producer, author of the scenario, composer, film director, author of the work so adapted
5. Letters (Subject to article 723 of the civil code)
   Belong to the writer

Question 12

What are the limitations of copyrights?

Answer 12

Doctrine of fair use (The main exception to copyright laws)
Fair use is the privilege to use copyrighted material in a reasonable manner without consent

Use of copyrighted work for criticism, comment, reporting, teaching (including copies for classroom use), research, and other similar purpose is fair use and not an infringement of copyright (Commercial use no)

Factors in fair use
-Purpose and character
-Transformative test (Looks into whether the copy of the work adds something)
-The nature of the copyrighted work (Looks into the why)
-The amount and substantiality of the portion of the copyrighted work (How much you copy, but just because you copied all doesn’t mean its automatic bad)
-The effect of the use of the work upon the potential market or on the value of the work

An unpublished work shall not by itself bar a finding of fair use, if such finding is made upon consideration of the factors above (Doesn’t matter if you haven’t published your copied work yet)

Question 12

What is copyright infringement?

Answer 12

The doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by the statute on the owner of the copyright.

It is the act of lifting from another’s book substantial portions of discussions and examples and the failure to acknowledge the same is an infringement of copyright

The principle is “A copy if a privacy is an infringement of the original”

Question 12

What is a “Mark”

Answer 12

Any visible sign capable of distinguishing goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods

Marks perform these distinct functions
1. Indicate origin and ownership of the articles
2. Guarantee that those articles are of a certain standard of quality
3. Advertise the articles they symbolize

Also unlike copyright, needs to be registered.

Question 12

What’s a trademark?

Answer 12

A word, name, symbol, device, or combination used to identify and distinguish the source of that product.

Replace product with service for service marks

Question 12

What’s a Collective mark?

Answer 12

Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic.

Like mark of the girl scouts.

Question 12

When may a trade name not be used?

Answer 12

Since trade name is the name or designation identifying an enterprise

A name or designation may not be used as a trade name if its nature or its use is
1. Contrary to public order or morals
2. If in particular it is liable to deceive trade circles or the public as to the nature of the enterprise identified by the name.

Note a trade name shall be protected even prior to registration, against any unlawful act committed by 3rd parties.

Question 12

When can’t a mark be registered?

Answer 12

if it consists of
a. immoral, deceptive, or scandalous matter. Or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute
b. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivision (Includes the same for foreign nations or simulations thereof)
c. Consists of a name, portrait, or signature identifying a particular individual except by his written consent. If its anything from a deceased president, then you have to get consent from the widow
d. Identical with a registered mark, or a mark with an earlier filing, and if it resembles a mark enough to deceive or cause confusion
e. Identical with or confusingly similar to or constitutes a translation of a mark which is considered by the Philippines to be well known internationally and in the Philippines, whether or not it actually is registered in the Philippines.
g. Likely to mislead the public.
h. Generic
i. Consists of Signs or indications that have become customary or usual to designate the goods or services in everyday language or in bonafide and established trade practice.
j, Consists exclusively of signs or indications that may serve in trade to designate the kind, quality, quantity, etc. etc. of the goods or services
k. Consists of shapes that may be necessitated by technical factors or by the nature of their goods themselves or factors that affect their intrinsic value
l. Consists of color alone, unless defined by given form
m. Contrary to public order or morality

Question 13

What’s Idem Sonans?

Answer 13

Another type of test for trademark
Dominance test looks at the prevalent features
Holistic test looks at the entirety of the marks
Idem Sonans looks at the sound, like if the variant spelling sounds the same or similar

Question 13

What are the rights conferred from registration of a mark?

Answer 13

All these except in cases of importation of drugs and medicines and off patent drugs and medicine

1. The owner of the mark has the exclusive right to prevent all third parties not having his consent from using identical or similar signs or containers which are identical or similar to those in respect of which the trademark is registered

Question 13

What are the elements of trademark infringement?

Answer 13

I skipped it look at the video somewhere in 1:28:00

Question 13

What is the doctrine of secondary meaning?

Answer 13

It means that a word or phrase originally incapable of exclusive appropriation with reference to an article in the market might nevertheless have been used for so long and so exclusively by one producer with reference to his article that, in the trade and to that branch of purchasing public, the word or phrase has become the mean that the article was property. For example "holiday inn" is very vague and can't identify a specific inn. But because the "Holiday Inn" chain has used it for so long, the people immediately think of the actual entity instead of the adjective when the word is invoked

Question 13

Differentiate Infringement of Trademark from Unfair Competition

Answer 13

1. Infringement of trademark is the unauthorized use of a trademark, unfair competition is passing of one's goods as another 2. Infringement of trademark, fraudulent intent is unnecessary (to be considered bad), in Unfair competition fraudulent intent is essential (to be considered bad)